Privacy Policy

York Fine Arts is committed to protecting your privacy and takes its responsibilities regarding the security of customer information very seriously. As such, we have implemented this Privacy Policy that transparently outlines the personal data that we collect from you, how and why we use it, who we disclose it to and how we protect your privacy.

1. WHO IS RESPONSIBLE FOR YOUR DATA
Our Privacy Policy applies to the personal data that York Fine Arts collects and uses when you visit the York Fine Arts website, interact with us at our physical premises and when you contact us, whether by e-mail, post or telephone.
References in this Privacy Policy to “York Fine Arts”, “we”, “us” or “our” mean York Fine Arts Limited (a company registered in England and Wales with registration no 4498054 and registered at 19 Railway Street, Pocklington, York, England, YO42 2QR, United Kingdom). It also includes our Harrogate Branch, York Fine Arts (Harrogate) Limited (a company registered in England and Wales with registration no 10597780 and registered at 19 Railway Street, Pocklington, York, England, YO42 2QR, United Kingdom) and our London dealership, The Colomb Art Gallery.

We control the ways your personal data is collected and the purposes for which your personal data is used by York Fine Arts. As such, for the purposes of the UK Data Protection Act 1998, EU General Data Protection Regulation (GDPR), PCI-DSS, and European data protection legislation, York Fine Arts is the “data controller”.

2. LAWFUL BASIS FOR PROCESSING YOUR DATA
The law on data protection sets out several reasons for which a company may collect and process your personal data. Those relevant to York Fine Arts include:

Consent: York Fine Arts may collect and process your personal data with your freely given, explicit consent for specific purposes (e.g. actively subscribing to our monthly newsletter). In these instances, we will make it clear which data is collected in connection with a particular service.

Contractual Obligations: York Fine Arts will require your personal data to carry out our contractual obligations to you. For example, if you would like your purchase delivered, York Fine Arts will collect your address and contact details from you and pass these on to our courier.

Legal Obligations: York Fine Arts may collect or process your personal data if required to do so in accordance with our legal obligations laid down by European Union law (where relevant) and by English Laws applicable to us in the United Kingdom. In the case that we are required by law to disclose your personal data, the gallery would do so only with the assurance that such an action was necessary in complying with judicial proceeding, a court order or legal process.

Legitimate Interests: In specific situations, York Fine Arts may collect or process your data to pursue our legitimate interests in a way which might reasonably be expected as part of running our business and which does not materially impact your rights, freedom or interests. Such situations include using your address or contact details to process sales, deliveries and returns, as well as using your address details or purchase history to send you tailored, direct marketing information by email or post to tell you about specific artwork, artists or services we think might interest you.

If the lawful basis for processing your data changes, this policy will be updated.

3. LENGTH OF CONSENT AND HOW LONG WE KEEP YOUR PERSONAL DATA
Your consent will be an explicit action from 25th May 2018. Because of the need for consent, you will not receive our monthly email newsletter by default as part of a sales transaction; you will only be subscribed to our monthly email newsletter if you give written or verbal consent to do so. You may withdraw your consent at any time in person, by clicking the ‘unsubscribe’ link on the newsletter, by telephoning 01904 634221 or by emailing info@yorkfinearts.co.uk.
We will keep your given consent on file for a period of up to 5 years from the last change before checking your consent is still valid. If you have not withdrawn your consent within this period, we will write to you by email or post at 5 years with a statement of consent and your current preferences. If we receive no reply to this statement, we will take that your granting of consent is still valid.

4. PERSONAL DATA WE COLLECT ABOUT YOU
When using the term “personal data” in our Privacy Policy, we mean information that relates to you and allows us to identify you, either directly or in combination with other information that we may hold. Your personal data may include for example your name, your contact details, information relating to your purchase (e.g. your purchase history with us) or information on how you use our website.
We collect some personal data from you, for example when you purchase from us, use our website, use our services or contact us. Other examples include:

Social media details. If you engage with us on social media, we may collect personal data, such as your username, to help us respond to your comments, questions or feedback.

Footage collected by CCTV systems in our shops, operated for the security of both customers and staff. These systems may record your image during your visit.

Accident book registers. If an accident occurs in one of our galleries, a member of staff may record your personal data as required by the law.

Sensitive personal data: Information that could reveal your racial or ethnic origin, physical or mental health, religious beliefs or alleged commission or conviction of criminal offences is considered “sensitive personal data” under the UK Data Protection Act 1998 and other data protection laws. We do not collect this data.

5. HOW AND WHY WE USE YOUR PERSONAL DATA
We want to give you the best possible experience at York Fine Arts. One way to achieve this is to combine the data we have about you so we can find out what you like and how you use our services. We then use this information to offer you artwork and services that are most likely to interest you. The data privacy law allows this as part of our legitimate interest in understanding our customers and providing the highest levels of service.
Of course, if you wish to change how we use your data, you’ll find details in ‘Your Rights and Requesting Access to Your Personal Data’ in Section 6.0 of this Privacy Policy.
Remember, if you choose not to share your personal data with us, or refuse certain contact permissions, we might not be able to provide some services you’ve asked for. For example, if you’ve asked us to let you know when work by a specific artist becomes available, we can’t do that if you’ve withdrawn your general consent to hear from us.

We use your personal data for the following purposes:

To manage your orders and provide our services to you

When you seek advice or purchase from us in store or online, we use your information to perform our services in relation to your purchase or enquiry, for example to provide you with artwork, tailor specific advice to your enquiry or arrange delivery of artwork and home viewing appointments.

To communicate with you and manage our relationship with you

We may need to contact you by email and/or telephone for administrative or operational reasons, for example in order to send you confirmation of your purchases and your payments, to inform you about your delivery or home viewings, to notify you when requested artwork is available or to advise you of disruption and changes to your home viewings and deliveries.
Please be aware that these communications are not for marketing purposes and as such, you will continue to receive them even if you opt-out from receiving marketing communications.

We will also use your personal data if we contact you after you have sent us a request, filled in a web-form through our website or contacted us on social media.

To personalise and improve your customer experience

We may use your personal data in order to tailor our services to your needs and preferences and to provide you with a personalised customer experience as a part of our legitimate business interests. For example, if you inform us about your preferred artists or styles of artwork, we will be able to send you news, updates and availability relevant to these interests.
We may also collect information on how you use our website, which pages of our website you visit most, which artists or categories you search for and what artwork you buy, in order to understand what you like. We may use this information to tailor the available content about artwork, artists and services on our website as a part of our legitimate business interests.
If you are in the process of making a purchase and you leave our website before your order has been placed, we may contact you in order to help you easily complete your purchase.

To inform you about our news, exhibitions, artists or artwork that you may like

If you have previously purchased artwork from the gallery or have registered your interest in specific artists, artwork or exhibitions, we may send you marketing communications from time to time as a part of our legitimate business interests.
Please note that under no circumstances will we share your contact details and other personal data with other companies for marketing purposes.
If you do not want to receive marketing communications from us, you can simply tell us so at any time by telephoning 01904 634221, emailing info@yorkfinearts.co.uk or by submitting an ‘Update My Marketing Preferences’ form on our website. We ask that you allow 5 working days to complete any unsubscribe request.

To develop, test and improve our services and fulfil our administrative purposes on the basis of our legitimate business interests

The business purposes for which we will use your information include accounting, billing and audit, credit or other payment card verification, fraud screening, security and legal purposes, statistical and marketing analysis, systems testing, maintenance and development.

To comply with our legal obligations

For example, our obligation to provide your information to local police agencies and law enforcement.

6. YOUR RIGHTS AND REQUESTING ACCESS TO YOUR PERSONAL DATA
You have a right to request access to the personal data that we hold about you. This could include purchase information relating to products and services. You also have the right to request:

The correction of your personal data when incorrect, out of date or incomplete.

That we stop using your personal data for direct marketing (either through specific channels, or all channels).

That we stop any consent-based processing of your personal data after you withdraw that consent.

You can contact us to request to exercise these rights at any time by calling 01904 634221 or emailing info@yorkfinearts.co.uk.

7. RIGHT TO BE FORGOTTEN
You have a right to be forgotten and have data erased and/or stop being processed where the personal data is no longer necessary for the purpose of collection, you withdraw consent, when you object to the processing or to comply with a legal obligation.

We will not erase your records as we need to maintain your transactional data for our legal obligations to the local tax and revenue authorities. What we will undertake is to anonymise your records, overwriting your personal data with fictional names, addresses and emails. Once this has been done it will be impossible to restore a single customer, and a new customer registration will be required.

8. RIGHT TO RESTRICT PROCESSING
You have a right for your personal data to be stored but not processed. This is achieved through the withdrawal of consent.

9. HOW WE PROTECT YOUR PERSONAL DATA
We are committed to taking appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing and against accidental loss, destruction or damage to personal data. When you provide your personal data through our website, this information is transmitted across the internet securely using high-grade encryption. SSL?
Furthermore, York Fine Arts is a PCI DSS compliant organisation. This means that we adhere to high security standards in order to protect your payment card details when you are sending us this information.
We may in some instances disclose your personal data to third parties, for example to our couriers in the event of delivery. In these instances, we require that third party to have appropriate technical and organisational measures in place to protect your personal data; however, in some instances we may be compelled by law to disclose your personal data to a third party such as a local police agency, and have limited control over how it is protected by that party.
The information that you provide to us will be held in our systems, which are located on our premises or those of an appointed third party. We may also allow access to your information by other third parties who act for us for the purposes described in this Privacy Policy or for other purposes approved by you. Your personal data may be accessed by and processed outside the European Economic Area (the European Economic Area being the European Union and Iceland, Liechtenstein and Norway, also referred to as the “EEA”) - including by staff operating outside the EEA who work for us or for one of our suppliers or agents (this includes staff engaged in, among other things, the fulfilment of your booking, ground handlers, and the provision of support services). Where your personal data are transferred outside of the EEA, we require that appropriate safeguards are in place.
We will retain your personal data for as long as we need it in order to fulfil our purposes set out in this Privacy Policy or in order to comply with the law.

11. SHARING YOUR PERSONAL DATA
Your personal data may be shared with the other companies mentioned in this Privacy Policy, including York Fine Arts (Harrogate) Limited and The Colomb Art Gallery Limited. It may also be disclosed to a third party who acquires us.
We may also share some of your personal data with, or obtain your personal data from, the following categories of third parties:

Suppliers: We may share your personal data with suppliers providing services to us in order to help us run our business and improve our services and your customer experience (e.g. couriers or companies who help us get your feedback on our services). The suppliers who process your personal data on our behalf are carefully selected by York Fine Arts, and we require that they comply with high security standards for the protection of your personal data.

Credit and debit card companies: York Fine Arts shares some of your personal data, which includes information about your method of payment and purchase value, to the credit or debit card company that issued the card you used to make your purchase. In order to ensure the security of your transactions and prevent or detect fraudulent transactions, we may also share your information with our fraud screening partner.

Authorities: We may disclose your personal data when this is required by the law of any jurisdiction to which York Fine Arts may be subject.

Our website may contain links to third party websites which are subject to separate Privacy Polices. Please be aware that this Privacy Policy does not apply to such websites and York Fine Arts is not responsible for your information that third parties may collect through these websites. We therefore encourage our users to be aware when they leave our site and to read the privacy statements of such other websites.

12. CHILDREN’S PRIVACY
We will not knowingly collect or use the personal information of persons under the age of eighteen years old. If we come to learn that we have done so, we will wipe any such information from our database with immediate effect.

13. UPDATES TO OUR PRIVACY POLICY
We may make changes to this Privacy Policy from time to time we will update the Privacy Policy and we will publish on our website any new version of this Policy. Once published, the changes will become effective and apply to all current and past users of our services.

14. CONTACT INFORMATION
Questions, comments and requests regarding this privacy policy are welcomed and should be addressed by post to the Gallery Manager, York Fine Arts Limited, 83 Low Petergate, York, YO1 7HY or emailed to info@yorkfinearts.co.uk.